HomeMy WebLinkAboutOrdinance - 35-94 - Noise Ordinance, Chapter 11 - 09/06/1994 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 3 5 - 9 4
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)"RELATING
TO THE NOISE ORDINANCE, AND CITY CODE CHAPTER 9 ENTITLED "PUBLIC
PROTECTION, CRIMES AND OFFENSES RELATING TO NOISE AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG
OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRA=, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.03, Subd. 4. Entitled "Performance
Standards" shall be amended to read as follows:
Subd. 4. Performance Standards. Uses which because of the nature of their
operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor,
noxious gases, glare or wastes shall not be permitted. These standards shall be
considered "excessive when they exceed or deviate from the limitations set forth in the
following performance specifications:
A. Vibration. No activity or operation shall at any time cause earth
vibrations perceptible beyond the limits of the immediate site on which the
operation is located.
B. Dust and Dirt. Solid or liquid particles shall not be emitted at any point
in concentrations exceeding 0.3 grains per cubic foot of the conveying gas
or air. For measurement of the amount of particles in gases resulting
from combustion, standard corrections shall be applied to a stack
temperature of 500 degrees Fahrenheit and 50% excess air.
C. Smoke. Measurement shall be at the point of emission. The Ringelman
Smoke Chart published by the United States Bureau of Mines shall be
used for the measurement of smoke. Smoke not darker or more opaque
than No. 1 of said chart may be emitted, provided that smoke not darker
or more opaque than No. 2 of said chart may be emitted for periods not
longer than four minutes in any 30-minute period. These provisions,
applicable to visible grey smoke, shall also apply to visible smoke of a
different color but with an equivalent apparent opacity.
1
D. Odor. No activity or operation shall cause at any time the discharge of
toxic, noxious, or odorous matter beyond the limited of the immediate site
where it is located in such concentrations as to be detrimental to or
endanger the public health, welfare, comfort or safety or cause injury to
property or business.
E. Glare. Glare, whether direct or reflected, such as from spotlights or high
temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the immediate site from which it
originates.
F. Wastes. All solid waste material, debris, refuse, or garbage shall be kept
within a completely enclosed building or properly contained in a closed
container designed for such purpose. All liquid wastes containing any
organic or toxic matter shall be discharged with into a public sanitary
sewer or treated in a manner prescribed by the City. The rate of liquid
waste discharge into the City sanitary sewerage system shall not exceed
200 gallons per site acre per hour between the hours of 9:00 o'clock a.m.
and noon. Use for the dumping or storage above ground or under the
surface of chemical waste and other hazardous waste products will not be
permitted because of the potential hazards that may be created to public
health, safety, and welfare in all Districts.
Section 2. City Code Chapter 9, Section 9.41 shall read as follows:
SECTION 9.41. NOISE
Subd. 1. Definitions. For the purpose of this section the following terms shall have the
meanings stated:
a. "Air Circulation Device" - A mechanism designed and used for the
controlled flow of air used in ventilation , cooling, or conditioning,
including, but not limited to, central and window air conditioning units.
b. "L10" - means the sound level, expressed in decibels (dBA) which is
exceeded 10% of the time for a one-hour period, as measured by a sound
level meter having characteristics as specified in the latest standards, S 1.4
of the American National Standards Institute. and using test procedures
approved by the City Manager or his/her designee.
C. "L50" - means the sound level similarly expressed and measured as L10
which is exceeded 50 % of the time for a one hour period.
d. "Noise" -Any erratic, intermittent, and/or statistically random oscillations
2
which result in disturbing, harmful, or unwanted sound.
e. "Person" - An individual, firm, partnership, corporation, trustee,
association, the state and its agencies and subdivisions, or any body of
persons whether incorporated or not and with respect to acts prohibited or
required herein, person shall include employees and licensees.
f. "Sound" - A temporal and spatial oscillation in pressure or other physical
quantity in a medium with internal forces which causes compressions and
rarefactions of that medium and which is propagable at finite speed to
distant points.
g. "Sound Level (Noise Level) - The A-weighted sound pressure level,
expressed in dBA, obtained by the use of a sound-level meter having
characteristics as specified in the American National Standards Institutes
(ANSI) standard 51-4-1961.
Subd. 2. Noise. No person shall make or cause to be made any distinctly and loudly
audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, safety, or welfare of any persons or precludes
their enjoyment of property or affects their property's value. This general
prohibition is not limited by the specific restrictions of the following subdivisions.
a. Loading, unloading, unpacking. No person or equipment shall create loud and
excessive noise in loading, unloading, or unpacking any vehicle.
b. Paging systems and intercom systems. No person in the Commercial, Industrial
or Office zoning district shall use or operate or permit use or operation of any
paging system or intercom system in distinctly and loudly audible manner as to
disturb the peace, quiet, and comfort of any person nearby. Operation of any
such equipment in such a manner as to be plainly audible at the property line of
the structure or building in which it is located, or at a distance 50 feet beyond the
property line if the source is located outside a structure or building shall be prima
facie evidence of a violation of this section.
c. Loudspeakers, amplifiers for advertising, etc. No person in the Commercial,
Industrial, or Office zoning district shall operate or permit the use or operation
of any loudspeaker, sound amplifier, or other device for the production or
reproduction of sound on a street or other public place for the purpose of
commercial advertising or attracting the attention of the public to any commercial
establishment or vehicle.
Subd. 3. Hourly Restrictions on Certain Operations.
3
a. Domestic power equipment. No person shall operate in the Rural, Rl or
RM zoning district a power lawn mower, power hedge clipper, chain
saw, mulcher, garden tiller, edger, drill, or other similar domestic power
maintenance equipment except between the hours of 7:00 a.m. and 10:00
p.m. Monday through Sunday. Snow removal equipment is exempt.
b. Construction activities. No person shall engage in or permit construction
activities involving the use of any End of electric, diesel, or gas-powered
machine or other power equipment except between the hours of 7:00 a.m.
and 7:00 p.m. Monday through Saturday. No construction activities may
occur on Sundays or legal Holidays. The City Manager may, upon good
cause being shown, vary these days and hours in writing.
Subd. 4. Receiving Land Use Standards.
Maximum noise levels by receiving land use districts. No person shall
operate or cause or permit to be operated any source of noise in such a
manner as to create a noise level exceeding the limit set in table I for the
land use category specified when measured at or within the property line
of the receiving land use.
Table I. Sound Levels by Receiving Land Use Districts
Day 7:00 am - Day 7:00 am - Night 10:00 Night 10:00
10:00 pm 10:00 pm pm - 7:00 am pm - 7:00 am
Receiving L10 L50 L10 L50
Land Use
Districts
Residential 65 60 55 50
Commercial, 70 65 70 65
Office, Public
Industrial 80 75 80 75
The limits of the most restrictive district shall apply at the boundaries between
different land use categories. The determination of land use shall be by its zoned
designation.
Subd. 5. Air Circulation Devices. No person shall permanently install or place any air
circulation device, except a window air condition unit, in any outdoor location
such that the device in that location does not comply with the noise level
standards prescribed in Subdivision 4.
4
Subd. 6. Exceptions.
a. Emergency Work. Noise created exclusively in the performance of
emergency work to preserve the public health, safety, or welfare, or in the
performance of emergency work necessary to restore a public service or
eliminate a public hazard shall be exempt from the provisions of this
ordinance. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
b. Government sponsored activities. Certain activities related to public
entertainment including but not limited to Fourth of July Fireworks, City
sponsored Concerts in public parks, licensed carnivals, and parades shall
be exempt from the provisions of this ordinance.
Subd. 7. Administration.
a. Administering officer. The noise control program established by this
ordinance shall be administered by the City Manager or his\her designee.
b. Testing Procedures. The City Manager or his\her designee may enlist the
services of the Minnesota Pollution Control Agency or the services of a
private noise testing company when testing for noise levels is believed in
excess of Subdivision 4 of this section.
C. Studies, etc. The City Manager or his/her designee may conduct such
research, monitoring, and other studies related to sound as are necessary
or useful in enforcing this ordinance and reducing noise in the City.
He/she shall make such investigations and inspections in accordance with
law as required in applying ordinance requirements.
d. Noise impact statements. The City Manager or his\her designee may
require any person applying to the City for a change in zoning
classification or a permit or license for any structure, operation, process,
installation, or alteration, or product that may be considered a potential
noise source to submit a noise impact statement on a form, supplied by the
City of Eden Prairie. The City Manager or his\her designee shall evaluate
each such statement and make appropriate recommendations to the Council
or other agency or officer authorized to take the action or approve the
license or permit applied for.
e. Performance Standards - Test.
1. By Owner . In order to assure compliance with the performance
5
standards set forth above, the Council may require the owner or
operator of any permitted use to have made such investigations and
tests as may be required to show adherence to the performance
standards. Such investigations and tests as are required to be made
shall be carried out by an independent testing organization as may
be selected by the Council after 30 days notice. The cost incurred
in having such investigations an test conducted shall be shared
equally by the owner or operator and the City, unless the
investigation and test disclose noncompliance with the performance
standards, in which event the entire investigation or testing cost
shall be paid by the owner or operator.
2. By City. The procedure above stated shall not preclude the City
from making any tests and investigations it finds appropriate to
determine compliance with these performance standards.
Subd. 8. Variances.
a. Authority. The City Manager or his\her designee shall have the authority
to grant variances from the requirements of any section of this ordinance.
b. Application. Any person seeking a variance shall file an application with
the City Manager or his/her designee on a form prescribed by the City.
Information to be supplied in the application shall include but not be
limited to the following information:
1.Statement of the dates and times during which the noise is proposed.
2. The location of the noise source.
3. The nature of the noise source.
4. Reasons why the variance is sought and identified hardship.
5. Steps taken to minimize the noise level.
6. Other information as required by the City Manager.
Subd. 9. Enforcement.
a. Notice of certain violation. When the City Manager or his/her designee
determines that a noise exceeds the maximum sound level permitted under
Receiving Land Use Standards in this section, he or she shall give written
notice of the violation to the owner or occupant of the premises where the
noise originates and order such person to correct or remove each specified
violation within such reasonable time as is prescribed in the notice. The
failure to remove or correct any such violation within the time so
prescribed constitutes a violation of this ordinance.
b. Civil remedies. In addition to enforcement pursuant to Section 9.99 of
6
Chapter 9 this Ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
C. Severability. If any provision of this ordinance or the application of any
provision to a particular situation is held to be invalid by a court of
competent jurisdiction, the remaining portions of the ordinance and the
application of the ordinance to any other situation shall not be invalidated.
Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of L , 1990 and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the 2.0 day of;.TL�, 1994.
ATTEST:
rL (6�
City er Mayor
PUBLISHED in the Eden Prairie News on the2L day of r , 1994.
M:\BARB\STEVE\NOISE.SD
7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0.3 5 - 9 4
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MPE14MOTA AMENDING CITY
CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)", AND CITY
CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRBIES AND OFFENSES
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Summary: This ordinance amends the section of the City Code which relates to the noise
ordinance and includes: addition of definitions related to noise, revision of the way noise is
measured at a property line from octave bands to decibels, addresses noise related to paging
systems and intercom systems in the Commercial, Industrial and Office zoning districts, defines
noise associated with emergency work, addresses noise related to domestic power equipment,
and outlines administrative procedures. The noise ordinance is moved from Chapter 11 to
Chapter 9.
Effective date:This ordinance shall become effective from and after its passage and publication.
0-
Adopted by the City Council on SeptemberZQ 1994.
/s/John D. Frane, City Clerk /s/Douglas B. Tempas, Mayor
(A copy of the full text of the Ordinance is available from the City Clerk.)
KMARBWEVEMISESUM.SD
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
HEN EPINORDINANCE
COUNTY, .35-94 TA of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
ORDINANCE N0.35-94
AN ORDINANCE OF THE CITY stated as follows:
OF EDEN PRAIRIE, MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal
AMENDING CITY CODE CHAPTER newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable Iaws,as
11 ENTITLED"LAND USE REGULA-
TIONS(ZONING)",AND CITY CODE (B)The printed public notice that is attached to this Affidavit and identified as No. �lJ
CHAPTER 9 ENTITLED "PUBLIC was published on the date or dates and in the newspaper stated in the attached Notice,and said
PROTECTIONS, CRIMES AND OF- Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
ER E CITY CODE CHAPTER 1 NSES AND ADOPTING BY REF- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
AND SECTION 11. inclusive,and is hereby acknowledged as being the kin and size of type used in the composition
AMONG OTHER THINGS,
WHICH,CONTAINS AND and publication of the Notice:
PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN abcdefghijklmno r t vwxyz
PRAIRIE,MINNESOTA ORDAINS:
Summary: This ordinance amends
the section of the City Code which re-
lates to the noise ordinance and includes: By:
addition of definitions related to noise. San Rolfsrud,General Manager
revision of the way noise is measured at
a property line from octave hands to
decibels,addresses noise related to pag-
ing systems and intercom systems in the
Commercial,Industrial and Office zon- �� v�k;. G'+.'c'i,'.1.R?DUE�2
ing districts, defines noise associated "� V,�s `• ROTARYFli?LIC-1'P;,11NESOTA
q e- �-,�,
with emergency work, addresses noise this / AdL, 94SJ10 1 COUWY
related to domestic power equipment,and outlines administrative procedures.Thenoiseordinance ismoved from Chap-
ter 11 to Chapter 9.
Effective Date:This ordinance shall otary Public
become effective from and after its pas-
sage and publication.
Adopted by the City Council on Sep-
tember 20, 1994.
/s/John D.Fran
City Clerk
/s/Douglas B.Tenpas
Mayor
(A copy of the full text of the Ordinance
is available from the City Clerk.)
(Published in the Eden Prairie News on
Thursday,September 29,1994;No.7220)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$11.20 per column inch
Maximum rate allowed by law for the above matter ......................... $11.20 per column inch
Rate actually charged for the above matter....................................... S6.89 per column inch